Mercan v. Turkey, dec., No. 56511/16, ECtHR (Second Section), 17 November 2016

Lawfulness of a judge’s pre-trial detention, who was dismissed following the attempted coup d’état of July 2016.

Art. 5 ECHR

The applicant’s fears as to the effectiveness of the appeal to the Constitutional Court and the impartiality of its judges do not in themselves relieve her of the obligation to lodge an application before that court in order to comply with the requirements of Article 35 §1 of the Convention.
(In the present case, concerning the pre-trial detention of a judge dismissed from office following the failed coup d’état of July 2016, the Court unanimously rejected the complaint for failure to exhaust domestic remedies).